CJ advocates mediation to resolve commercial disputes

Chief Justice of India SH Kapadia on Saturday advocated use of mediation to resolve high-stake commercial disputes between corporates and the government, including those related to pricing of natural resources such as oil and gas.

Chief Justice of India SH Kapadia on Saturday advocated use of mediation to resolve high-stake commercial disputes between corporates and the government, including those related to pricing of natural resources such as oil and gas.

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Addressing the Third National Conference on Mediation, the CJI said it was high time India moved from simple mediation to facilitative mediation, which can be used in commercial disputes relating to pricing of natural resources.

"We can have facilitative mediation in disputes in pricing of natural resources like the pricing of gas and oil which are complicated matter. Judges do not have expertise to deal with those matters," Justice Kapadia said.

The judgments delivered by judges could sometimes hit the economy of the country or a particular sector of the economy, which was not good, he emphasised.

"When such commercial matters come before us, entire world watches us. Therefore in complicated commercial matters, facilitative mediation should be resorted to balance the economic interest and natural resources on one hand and on the other hand profit of corporates," the CJI said in the presence of President Pratibha Devisingh Patil and law minister Salman Khurshid.

President Patil, who released a mediation manual, said there should become a big movement in India to make mediation an effective mode of settlement resolution.

Justice Kapadia said since government was the owner of natural resources it should find out able mediator with people having knowledge and expertise in particular field who can act in good faith.

India has 2,500 trained mediators and 337 mediation centers, including one in the Supreme Court and so far over two lakh cases have been referred to these centers.